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ABSTRACT
Mines & Minerals -New Sand Mining Policy - 2014 extraction - Orders - Issued.
Dated:28. 8 .2014
Read the following:
Identification of sand bearing areas in III, IV & V and above order Streams
shall be done by this District Level Sand Committee (DLSC). To implement
this scheme successfully, the District Administration shall put in place a proper
administrative mechanism for enforcement of extraction and transportation of
sand. A District Level Sand Committee is constituted with the following:
(1) District Collector Chairman.
(2) Joint Collector Vice Chairman.
(3) Superintendent of Police Vice Chairman
(4) Chief Executive Officer, Zilla Parishad.
(5) CE/SE, Irrigation/Executive Engineer, Irrigation/River Conservator.
(6) Project Director, District Water Management Agency.
(7) Project Officer, ITDA.
(8) District Panchayat Officer.
(9) Executive Engineer, RWS.
(10) Deputy Director, Ground Water Department.
(11) Assiarant Director of Mines and Geology.
Convenor.
(c). Vehicles carrying sand shall not ply over the flood banks except at
crossing points or bridges or on a metal road.
(d).
(e). The streams / rivers where the thickness of sand is quite good (more
than 8.00 Meters) the depth of removal may be extended to 2.00
Meters but in no case beyond two meters.
(3)
(f).
(g).
(h).
(i).
(j).
-3(b) The DLSC shall ensure that the identification of areas feasible for
extraction shall be on a continuous basis.
(c) The respective District Collectors shall allot to APMDC all such specified
sand bearing areas which have been identified.
(4)
Role of Andhra
(APMDC):
Pradesh
Mineral
Development
Corporation
Prepare feasibility report for sand bearing areas for both open and
in-stream extraction.
(ii)
(iii)
(iv)
(v) APMDC will allot Sand reaches in consultation with the CEO,SERP
and the District Collector to the District/Mandal Mahila Samakhyas
or Gramasangams, as the case may be, for undertaking sand
quarrying depending on the potential of each sand reach.
(5)
(6)
(7)
Operational guidelines:
The operational guidelines for quarrying of sand by District Women Self
Help Groups shall be issued by the Rural Development Department
particularly CEO, SERP in consultation with District Collectors.
(contd..)
-4(8)
Capacity Building:
A.P.Mineral Development
Corporation Ltd., Department of Mines &
Geology and Department of Rural Development at the State level and the
Collector and S.P at the District level will provide necessary guidance and
support which includes capacity building, meeting working capital
requirements, procuring of machinery for sand extraction, transport,
loading and unloading, safety and protection of Women Self Help Groups
etc.
(a) The de-siltation of Major, Medium & Minor Reservoirs and Tanks
as defined by the I&CAD Dept., shall be taken up to enhance the
storage capacity of the reservoirs and augment Ground Water
recharge in Command Areas besides recovering sand for construction
industry use.
(contd..)
(ii)
(iii) De-casting of sand from patta lands located in the river bed/course,
shall be subject to the conditions stipulated in these Rules, EC, CFE &
CFO issued by MoEF and APPCB respectively and also to the conditions
stipulated specifically by the River Conservator concerned.
(contd..)
has
been
used
the
Vehicle type
Tractor
Lorry upto
10 Tons capacity
Lorry above
10 tons Capacity
First
offender
amount
(in Rs.)
15,000
time Second
fine offender
amount
(in Rs.)
45,000
45,000
75,000
75,000
1,50,000
time
fine
(b) If the vehicle is found to be involved more than two times, such vehicle along
with sand shall be confiscated by any officer authorized by the Government
through notification from time to time.
(ii) Every officer seizing any vehicle under said sub-rule (1) shall place on such
vehicle, a mark indicating that the same has been seized and shall submit a
report of such seizure to the Competent Court of Law.
(iii) An authorized officer who seizes any vehicle shall order confiscation of the
vehicle so seized.
(iv) No order of confiscation of any vehicle shall be made under sub-rule
(v) unless the person from whom the vehicle is seized is given:(a) A notice in writing informing the person of the grounds on which it is
proposed to confiscate such property.
(b) An opportunity of making a representation in writing within such time
as may be specified in the notice against the grounds for confiscation;
and
(c) A reasonable opportunity of being heard in the matter.
(vi) without prejudice to the provisions of sub-rule (4), no order of confiscation
under sub-rule (3) of any machinery/vehicle shall be made if the owner of
the vehicle thereof proves to the satisfaction of the authorized officer that it
was used in carrying the operations without his knowledge or connivance or
the knowledge or connivance of his agent, if any, or the person in charge of
the vehicle in committing the offence and that each of them had taken all
reasonable and necessary precautions against such use. Provided that no
order prejudicial to any person shall be passed without being offered an
opportunity of being heard.
(vii) Any officer who seized any vehicle under Sub-rule (1)(iii) and where he
makes a report of such seizure to the competent court under sub rule (2)
may release the same on the execution a bond by the owner thereof for the
production of the vehicle so released, as and when directed by the
competent court.
(viii) The vehicle seized under this rule shall be kept in the custody of the Station
House Officer/Motor Vehicle Inspector concerned until an order of the
Competent Court of Law directing its disposal is received.
(Contd.)
-8(ix) Upon the receipt of any report under sub-rule (2), the Magistrate shall take
such measures as may be necessary for the trial of the accused and the
disposal of the vehicle according to law.
(19) Appeal and Revision:
(i) Upto III order Streams/Rivers:
(a) Any person aggrieved by an order passed by any local authority may
prefer the appeal before the DLSC within fifteen (15) days from the date of
receipt of such order.
(b) Any person aggrieved by an order of the Chairman, DLSC may prefer
revision before the District Collector within fifteen (15) days from the date
of receipt of such order.
(ii) IV, V & above order Streams/Rivers:
(a)Any person aggrieved by an order passed by local Mandal Authority
may prefer an appeal to the DLSC within thirty (30) days from the date
of receipt of such order.
(b) Any person aggrieved by an order passed by the DLSC may prefer
revision before the Principal Secretary/Secretary to Government
(Mining) Department within thirty (30) days from the date of receipt
of such order.
(20) Powers to Issue Orders/Clarifications/Guidelines :
(i) Upto III order streams, the Commissioner, Rural Development &
Administrator, shall be the authority competent to issue
orders/clarifications/ guidelines to settle the issues arise for cases
which are not explicitly mentioned herein.
(ii) For IV, V and above order streams, Secretary to Government, Rural
Development Department shall be the authority competent to issue
orders/clarifications/guidelines to settle any issues that may arise
from time to time.
The cases of illegal quarrying of sand in the areas other than the specified
sand bearing areas, shall be dealt as per the Rules under offences.
(BY ORDER IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
J.S.V. PRASEAD
PRINCIPAL SECRETARY TO GOVERNMENT
To
The Commissioner of Printing, Stationary & Stores Purchase (Ptg. Wing)
Hyderabad.
(He is requested to publish the above Notification in the ExtraOrdinary issue of A.P. Gazette, and arrange to send 2500 copies of the same
to Government in Industries & Commerce (M.IV) Department)
The Director of Translation, Andhra Pradesh, Hyderabad.
(He is requested to furnish the Telugu version of the Notification direct to the
Commissioner, Printing, Stationery & Stores Purchase (Ptg.Wing),
Hyderabad)
The Director of Mines & Geology, Government of Andhra Pradesh, Hyderabad.
All District Collectors/Joint Collectors
All Joint Directors of Mines & Geology
All Deputy Directors of Mines & Geology through Director of
All Assistant Directors of Mines & Geology Mines & Geology
The Commissioner of Panchayat Raj, Hyderabad
(Contd.)
// FORWARDED :: BY ORDER //
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